CP1145-15 — The Provision of Community Based Support and Personal Care in Devon (to be known as Living Well at Home).

II.1.2)Type of contract and location of works, place of delivery or of performance

Services
Service category No 25: Health and social services
NUTS code UKK42,UKK43

II.1.3)Information about a public contract, a framework agreement or a dynamic purchasing system (DPS)

The notice involves a public contract

II.1.4)Information on framework agreement

II.1.5)Short description of the contract or purchase(s)

This is a joint procurement between Devon County Council (the lead authority), NHS NEW Devon Clinical Commissioning Group (‘CCG’), NHS South Devon and Torbay CCG and Devon Partnership NHS Trust.
For the purposes of this procurement process, the 4 authorities are collectively referred to as the ‘Commissioners’ or ‘Commissioning Bodies’.
The Commissioners are seeking to award services contracts for the delivery of personal care services with associated unregulated care activities to help people remain safely within their own homes. The contracts are divided into 8 geographical zones within the administrative area of Devon County Council (‘Devon’) (each a ‘Zone’ and together the ‘Zones’). Each Zone is designated as a lot (‘Lot’) for the purposes of this procurement process and consequently the Commissioners will be awarding up to 8 services contracts. The community based and regulated personal care services required by the Commissioners are:
— Personal care associated unregulated support (Zones 1, 2, 3, 4, 5, 6, 7, 8),
— 24 hour care (Zones 1, 2, 3, 4, 5, 6, 7, 8),
— Waking Night (Zones 1, 2, 3, 4, 5, 6, 7, 8),
— Sleep in Night (Zones 1, 2, 3, 4, 5, 6, 7, 8), and
— Live in Care and Support (Zones 4, 6, 7, 8).
The contracts will be for a duration of 5 years (60 months) with an option at the discretion of the Commissioners to extend for 2 further 12 month periods or a single 24 month period.
The intention of this procurement process is to award a service contract to a primary provider for each of the 8 geographical Lots in Devon. Each Zone will be aligned to 1 of 3 Care Direct Plus teams. The Primary Provider will be required to support the relevant NHS and Social Care System Resilience Groups linked to the Royal Devon and Exeter, Northern Devon District, Torbay and Derriford (Plymouth) Hospitals.
The lots (Zones) are:
1. Lot 1 — Bideford/Northam, Great Torrington and Holsworthy,
2. Lot 2 — Ilfracombe, Lynton/Lynmouth, Barnstaple, South Molton,
3. Lot 3 — Tiverton, Crediton, Cullompton,
4. Lot 4 — Exeter,
5. Lot 5 — Honiton, Sidmouth, Exmouth, Seaton,
6. Lot 6 — Newton Abbot, Totnes, Dartmouth,
7. Lot 7 — Tavistock, Ivybridge, and
8. Lot 8 — Okehampton, Moretonhampstead.
For the purposes of this procurement process potential bidders may tender lots on the following bases:
— on an individual basis for a single Lot (referred to a ‘Single Individual Bid’ in the pre qualification questionnaire, or
— on an individual basis for more than 1 Lot (referred to as ‘Multiple Individual Bids’ in the pre qualification questionnaire).
The Provider function in each Lot will be to ensure capacity for the required services (or have access to capacity with partners and subcontractors) to deliver care and support as required by service users and described in care plans throughout 24 hours a day, 365 days per year (366 days in a leap year). Effective arrangements will need be in place to organise and deliver services within each Lot in accordance with the applicable services contract, the award of which is the subject matter of this procurement process.
The Commissioners require that services will be delivered for any person who is aged 18 and above, who meets the eligibility criteria and is ordinarily a resident within Devon or in the case of NHS funded arrangements is registered with a general practitioner with his/her practice located within Devon (each a ‘Service User’).
The services are for people who have a range of needs dependent on their vulnerability, health or disability, but could include but not be limited to older people, including older people with mental health difficulties (for example, with dementia); people with a learning disability, people with acquired brain injury or neurological condition; people with a physical and/or sensory disability; people with heath needs including long-term conditions and continuing health care needs; people at the end of life and people providing ‘informal’ care supporting the people described above who need support to continue their caring role (‘Informal Carers’). The vast majority of people using this service will be older people and people with a learning disability. However, there will be a smaller number of adults of working age with a range of needs whose needs will also be met through the delivery of the services.
Aims of the Service:
1. The service will support people to achieve and maintain their potential for independence in relation to physical, intellectual, emotional, cultural and social capacity and to be included within their chosen community.
2. The service will provide good quality services, which are delivered in a respectful and compassionate manner and where people and their informal carers feel secure and confident in the care and support provided to them.
3. The service will provide personalised care and support delivered when and where it is needed. Service Users should be at the centre of decisions about how they are cared for and their care packages should be designed with them to be outcome focused and should enhance what they can do for themselves.
4. The service will deliver sustainable capacity in the market that meets the needs of people characterised by reliability, quality and accountability.
5. The service will be delivered through a close partnership working with Commissioners, statutory providers and all providers of services (including Primary Providers, their partners and subcontractors) within each Zone based on mutual respect and accountability.
6. Service Users will be supported to manage their own personal care and their health and well being as much as possible and to be fully integrated members of their local community.
7. Informal Carers and wider family members will be supported to maintain their health and well being and to continue to support the cared-for person for as long as they are able and willing. Informal Carers and other family members shall be signposted to carer services and opportunities where relevant.
8. Service Users are supported to maintain an ethos of aspiration, change and risk taking that helps them to access opportunities available to the general population.
Service Objectives:
1. Service Users are to remain in their own home as long as they feel safe to do so.
2. Service Users are prevented from prematurely or inappropriately being admitted or readmitted into hospital or care homes.
3. Service Users unnecessary use of state funded social care and health services will be reduced or removed.
4. The service will be sufficient to meet the eligible needs and demand from vulnerable people requiring regulated care and support.
5. The service will facilitate timely and reliable access to personal care and support particularly, but not exclusively in cases of hospital discharge.
6. The service will provide good or excellent quality services as determined by the Care Quality Commission and by the Commissioners.
The Commissioners expect that during the term of the services contracts certain elements of the arrangements may be modified. Any such modification (s) (each a ‘Modification’) shall be strictly in accordance with Regulation 72 of the Public Contracts Regulations 2015 (the ‘Regulations’) and shall be effected in accordance with the change procedure set out in the conditions of the services contract(s).
The nature and scope of each possible modification is set out below:
— Rapid Response Services: This is an expression which describes the scope of the potential requirement of the CCGs to develop rapid response services (with each Provider) in accordance with their commissioning intention to ensure as far as possible care is provided close to a Service User’s home (the ‘Rapid Response Services’). Details of the Rapid Response Services are set out in Schedule 8 of the particulars which form part of the services contract (s) (the ‘Particulars’). The CCGs (either together or individually or in any combination) may at their absolute discretion exercise an option to require each Primary Provider to deliver the Rapid Response Services on or after 1.4.2017.
— Learning Disability Services — This is an expression which relates to personal care services for people with learning disabilities, the scope of which is set out a Schedule 2H of the Particulars and document 9 of the tender pack (the ‘Learning Disability Services’). In terms of any modification to the Learning Disability Services, each of the Commissioners may, at its absolute discretion, on or after the first 6 months of the Service Commencement Date (as such expression is defined in the services contract (s)) transition any ‘new business’, which is not ‘legacy business’ (as such terms are described in Schedule 2H of the Particulars) into the contractual arrangements which are the subject matter of this procurement process.
— Outcome Based Commissioning — This is an expression which describes the objective of the Commissioners to develop and implement (working with each Provider in the spirit of partnership), an outcome based model in respect of service delivery. Each of the Commissioners may require that services delivered by a Provider ‘evolves’ from a time and task based approach (which is the approach to be adopted by a Provider on the Service Commencement Date (as such expression is defined in the services contract(s)) to an outcome based approach, based on the development of outcome based care plans with Service Users (in association with carers and the Commissioners’ staff). The outcomes which are applicable to this Modification of service delivery approach are set out at clause 4.4 of Schedule 2 of the Particulars. Notwithstanding that the Commissioners (either together or individually or in any combination) may wish to implement an outcome based approach for service delivery, each Provider shall be under a continuing obligation to ensure the services are delivered in accordance with any budget set by Commissioners in respect of Service Users in any Zone. In terms of any modification of a Provider’s service delivery methodology, each of the Commissioners may at any time during the term of the services contract (s), at its absolute discretion require a Primary Provider to adopt an outcome based approach from a specified date.
— Fluctuation in volumes of services required — the Commissioners wish to notify potential bidders responding to this contract notice that there is a possibility that 1 or more of the CCGs or the Trust may not commission services through the arrangements described or otherwise contemplated by this procurement process. As such the Commissioners are not guaranteeing any volume of business to Providers and potential bidders are therefore responding to this contract notice on the basis they understand volumes of business under each or any of the services contracts may fluctuate in particular downwards during its/their term. The Commissioners have set out the minimum value of the scope of services cumulative across all 8 Zones at Section II.2.1) of this contract notice.

Interested potential bidders are invited to attend a launch event for this opportunity on 11.8.2015 which will start at 12:30 in Exeter, Devon.

Potential bidders interested in attending this event please email: socialcarebusinessrelations-mailbox@devon.gov.uk to register and details of the venue will be released in response. This email address must not be used by potential bidders other than to arrange attendance at this event.

Please note that space may be limited therefore, only 2 attendees per potential bidder are permitted to attend.
The subject matter of this procurement process relates to the delivery of services which are listed to in Schedule 3 to the Regulations. As such the full regime set out in the Regulations will not apply to the award of the services contracts. Consequently the procurement process adopted by the Commissioners has been developed in accordance with Regulation 76 of the Regulations and in particular, in accordance with the fundamental public procurement principles of transparency and equal treatment. For the avoidance of doubt this means that the Commissioners have not adopted the restricted procedure (as such term is defined in the Regulations) for the undertaking of this procurement process. The fact that in this contract notice at Section IV.1) the field/box relating to type of procedure may default to the term ‘restricted’ does not mean that this procedure is being followed by the Commissioners. Please note the Commissioners do not and shall not accept any suggestion from any potential bidder at the date of the notice or any time after such date that the restricted procedure has been adopted for the undertaking of this procurement process.

II.1.6)Common procurement vocabulary (CPV)

85000000

II.1.7)Information about Government Procurement Agreement (GPA)

The contract is covered by the Government Procurement Agreement (GPA): yes

II.1.8)Lots

This contract is divided into lots: yes
Tenders may be submitted for one or more lots

II.1.9)Information about variants

Variants will be accepted: no

II.2)Quantity or scope of the contract

II.2.1)Total quantity or scope:

The Lots are coterminous with the Zones (as described above). Each Lot aligns with one of the 3 Care Direct Plus Teams based within Devon. Each Provider for each Lot will support the relevant NHS and Social Care Resilience Groups linked to the Royal Devon and Exeter, Northern Devon District, Torbay and Derriford (Plymouth) hospitals.
The estimated contract value of the combined Lots over the 7 year potential term of the services contracts is between 137 864 000 GBP and 413 592 000 GBP. For clarity between 93 058 200 GBP and 279 174 600 GBP is the estimated value of the services to be provided on behalf of Devon County Council and the remaining 44 805800 GBP to 134 417 400 GBP is the estimated value of the services to be provided on behalf of the CCGs and the Trust.
Estimated value excluding VAT:
Range: between 137 864 000 and 413 592 000 GBP

II.2.2)Information about options

Options: yes
Description of these options: The contracts will be for a duration of 5 years (60 months) with an option at the discretion of the Commissioners to extend for 2 further 12 month periods or a single 24 month period. The Commissioners have set out other options which relate to the services contract (s) awarded pursuant to this procurement process in Section II.1.5) of this contract notice.
Provisional timetable for recourse to these options:
in days: 0 (from the award of the contract)

III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:

Each of the Commissioners reserves the right to require groupings of providers (contractors) (e.g. a joint venture arrangement or a consortium) to take a particular legal form or to require a single provider (contractor) to take primary liability or to require that each contracting counterparty to the services contract (s) is jointly and severally liable in respect of all liabilities arising from the same.

III.1.4)Other particular conditions

The performance of the contract is subject to particular conditions: yes
Description of particular conditions: Registration with the Care Quality Commission.

III.2)Conditions for participation

III.2.1)Personal situation of economic operators, including requirements relating to enrolment on professional or trade registers

Information and formalities necessary for evaluating if the requirements are met: Information and formalities necessary for evaluating if the requirements are met:
In accordance with Article 57 of Directive 2014/24/EU and Regulation 57 of the Public Contracts Regulations 2015 and set out in the pre qualification questionnaire available from the address in Section I.1)

III.2.2)Economic and financial ability

Information and formalities necessary for evaluating if the requirements are met: In accordance with Articles 57 to 58 of Directive 2014/24/EU and Regulation 57 and 58 of the Public Contracts Regulations 2015 and as set out in the pre qualification questionnaire which is available from the address in Section I.1)

III.2.3)Technical capacity

Information and formalities necessary for evaluating if the requirements are met:
In accordance with Articles 57 to 58 of Directive 2014/24/EU and Regulation 57 and 58 of the Public Contracts Regulations 2015 and as set out in the PQQ which is available from the address in Section I.1)

III.2.4)Information about reserved contracts

III.3)Conditions specific to services contracts

III.3.1)Information about a particular profession

Execution of the service is reserved to a particular profession: no

III.3.2)Staff responsible for the execution of the service

Legal persons should indicate the names and professional qualifications of the staff responsible for the execution of the service: no

Section IV: Procedure

IV.1)Type of procedure

IV.1.1)Type of procedure

Restricted

IV.1.2)Limitations on the number of operators who will be invited to tender or to participate

Envisaged number of operators: 5

IV.1.3)Reduction of the number of operators during the negotiation or dialogue

Recourse to staged procedure to gradually reduce the number of solutions to be discussed or tenders to be negotiated no

IV.2)Award criteria

IV.2.1)Award criteria

The most economically advantageous tender in terms of the criteria stated in the specifications, in the invitation to tender or to negotiate or in the descriptive document

IV.2.2)Information about electronic auction

An electronic auction will be used: no

IV.3)Administrative information

IV.3.1)File reference number attributed by the contracting authority:

CP1145-15

IV.3.2)Previous publication(s) concerning the same contract

IV.3.3)Conditions for obtaining specifications and additional documents or descriptive document

Time limit for receipt of requests for documents or for accessing documents: 11.9.2015 – 12:00
Payable documents: no

IV.3.4)Time limit for receipt of tenders or requests to participate

11.9.2015 – 12:00

IV.3.5)Date of dispatch of invitations to tender or to participate to selected candidates

IV.3.6)Language(s) in which tenders or requests to participate may be drawn up

English.

IV.3.7)Minimum time frame during which the tenderer must maintain the tender

IV.3.8)Conditions for opening of tenders

Persons authorised to be present at the opening of tenders: no

Section VI: Complementary information

VI.1)Information about recurrence

This is a recurrent procurement: no

VI.2)Information about European Union funds

The contract is related to a project and/or programme financed by European Union funds: no

VI.3)Additional information

1. Any services contract (s) entered into as a result of this contract notice shall be considered as a contract (s) made under English law and subject to the exclusive jurisdiction of the English courts.
2. Each of the Commissioners reserves the right not to enter into any agreement or award any contract as a result of this contract notice and to vary or change or not to proceed with this competition at any stage of the procurement process.
3. None of the Commissioners shall be responsible for any costs incurred by any potential bidder responding to this contract notice.
4. If any potential bidder considers that any information supplied by it during this procurement process is commercially sensitive or confidential in nature, this should be highlighted and the reasons for its sensitivity as well as the duration of that sensitivity specified.
Potential bidders should be aware that even where they have indicated that information is commercially sensitive, each or any of the Commissioners may disclose it pursuant to the Freedom of Information Act 2000 in response to a request for information where such disclosure is considered to be in the public interest.
Please note that the receipt by any of the Commissioners of any materials marked ‘confidential’ or equivalent shall not be taken to mean that any of the Commissioners accept any duty of confidence by virtue of that marking.

VI.4)Procedures for appeal

VI.4.1)Body responsible for appeal procedures

VI.4.2)Lodging of appeals

Precise information on deadline(s) for lodging appeals: In accordance with Regulations 86 (Notices of decisions to award a contract or conclude a framework agreement), 87 (standstill period) and Regulation 91 Enforcement of Duties through the Court of the Public Contracts Regulations 2015.

VI.4.3)Service from which information about the lodging of appeals may be obtained